Punto Neutro. Discover the legal bases on which the platform is based

Legislation

Punto Neutro acts according to a firm legal basis in each of the areas where we do business. Below are all the main laws, rules and regulations affecting the exchange of electronic data and the probative value of such documents in court.

Note that any submission made by the same protocols using Punto Neutro has been impugned, in contrast, in any legal proceedings.

Governing Law

Article 326 of the Code of Civil Procedure

Private documents make full proof in the process "when its authenticity is not contested by the party to whom harm ".

BOE 166 12 / 07/2002 - Sec 1 Page 25388 a. 25403

Law 34/2002, of July 11, services of the information society and electronic commerce in the procurement of goods and services electronically, supply information by such means.

Article 24. Evidence of contracts electronically.

  1. The test concluding a contract electronically and obligations that stem from it will be subject to the general rules of law and, where applicable, with the provisions of the legislation on electronic signatures.
  2. In any case, the electronic device on a contract stating electronically shall be admissible in court as an exhibit.

Article 25. Intervention by trusted third parties.

  1. The parties may agree that a third party will file the statements that integrate electronic contracts and to appropriate the date and time that such communications have taken place. The involvement of such third parties may not alter or replace the functions to be performed by persons qualified in law to give public faith.
  2. The third must file declarations in computer support that had occurred via Telematics between the parties by the time stipulated that in no case be less than five years.
  3. Article 26. Applicable law.

    To determine the law applicable to electronic contracts are subject to the provisions in the rules of private international law of the Spanish legal system and should be considered for implementation set out in Articles 2 and 3 of this Act.

    007 BOE 08/01/2000 - Sec 1 Page 575-728

    Article 162. Acts of electronic communication, computer and similar .

    1. When the judicial offices and the parties or the recipients of the communication acts dispusieren electronics, telematics, info-telecom or other similar method that permit the sending and receiving letters and documents, so that the authenticity of the communication and its contents is guaranteed and remain reliable record of the reissue and integrity reception and the time they were made, acts of communication may be made by those means, the receipt proving receipt appropriate.

      The parties and the professionals involved in the process must notify the judicial offices the fact of having the above means and address.

      Also be established in the Ministry of Justice Registration accessible electronically from the indicated media and associated public bodies addresses.

      When the correct reference comprising the act of communication such technical means, except those charged through the notification services organized by the Associations of Attorneys, three days elapse without the recipient access its content, means that communication has been tried without effect and proceed to their delivery to the manner provided in Article 161. However, the case of such term expired but before access communication made by delivery, shall be deemed validly made communication-receipt certifying receipt.

    2. When the authenticity of decisions, documents, opinions or reports submitted or transmitted by any means the previous section could only be recognized or verified by direct examination or by other processes, concerns may nonetheless be submitted electronically using digitized images of the same, as provided in Articles 267 and 268 of this Act, although if one of the parties, the court in family proceedings, disability or affiliation, or Prosecutor, so request, shall be furnished those in the original paper support, within or procedural moment that purpose stated.

    Article 160 . Submission of communications by mail, telegram or other similar means.

    1. Where appropriate referral copy of the decision or of the certificate by registered mail or telegram return receipt requested, or by any other means allowing such leave cars reliable record of the notification of the date of receipt has been received, and its contents, the Clerk shall certify in cars and referral I submitted content and join those, if any, acknowledgment or medium through which preserves the reception.

    2. A parte and coast who are interested, you can order a referral is made simultaneously at several locations in the referred to in paragraph 3 of Article 155.

    3. When the recipient is domiciled the party which filed the courthouse, and does not involve communications upon which the personación or performance or personal intervention in the proceedings, reference may be made, by any means in paragraph 1 shall, certificate of location for the recipient to appear at the headquarters in order to be notified or required or given a written transfer.

      The certificate expressed with sufficient precision the object for which the appearance of the summoned is required, indicating the proceedings and referred the matter, with the caveat that if the summoned fails to appear, without justification, within the prescribed period, it shall be made communication in question or made the move to.

    BOE 268 of 11/09/1994

    Organic Law 16/1994, of November 8, for that the Basic Law 6/1985 of 1 July, the judiciary

    Article 230

    Is reformed. Article 230 Organic Law 6/1985 of 1 July, the Judiciary, I shall read as follows:

    1. The courts may use any technical, electronic, computer media and telematics, for the development of their activity and performance of their duties, with the limitations on the use of such means to the Organic Law 5/1992, of October 29, and other laws that may apply.

    2. The documents issued by the above means, whatever its medium, enjoy the validity and effectiveness of an original document provided to assure their authenticity, integrity and compliance with the requirements of procedural laws.

    3. The processes that are processed with computer support ensure the identification and exercise of the judicial function by the body that exercises as well as confidentiality, privacy and security of personal data containing in the terms established by law.

    4. People who demand the judicial protection of their rights and interests can interact with the Administration of Justice through technical means in the first paragraph refers they are compatible with those that have the Courts and the guarantees and requirements of the procedure in question are respected.

    5. Regulations shall be determined by the General Council of the Judiciary requirements and other conditions affecting the establishment and management of automated files are under the responsibility of the judicial organs so that compliance with the rights and guarantees to ensure established in the Organic Law 5/1992, of 29 October, regulating the automated processing of personal data.

      The software and applications used in the administration of justice must be approved by the General Council of the Judiciary shall ensure their compatibility.

      The computer system used in the administration of justice must be compatible with each other to facilitate communication and integration, under the terms established by the Council General of the Judiciary.

    Article 236

    Sets that include advertising edicts that can be replaced using telematic, computer or electronic means.

    Article 299.2

    "The media playback word, sound and image, as well as tools allowing filing and knowing or reproducing words, facts, figures and mathematical operations carried out for accounting purposes or otherwise relevant to the process "are accepted as evidence.

    Article 326

    "Private documents make full proof in the process when their authenticity is not contested by the party prejudiced ".

    From challenged the authenticity an electronic document shall be as set out in Art. 3 of the Law on Electronic Signatures (see A1 and A2 / - p 2).

    Article 384.1

    Provides that if any of the media Previous evidence has been admitted as evidence will be considered by the Court in the media that the party proposing contribution or that the Court used and so that other parts of the process may, with the same knowledge that the Court, plead and propose what to his interests.

    Royal Decree 84/2007 of 26 January.

    On implementation in the Administration of Justice of the computer system for telecommunications Lexnet written submissions and documents, transfer of copies and performing acts of judicial communication media Lexnet telemáticos.Establece operation. (*). Faxcertificado ® is approved to work with Lexnet.

    ANNEX V. Lexnet system functionalities

    The Lexnet system will provide the following features:..

    • The presentation, transporting pleadings and documents are accompanied with the same, and their distribution and forwarding to the Judicial Office in charge of processing.

    • The management of transfer of copies, so that is credited to copy the date and time at which the transfer was made and it has been made to the remaining personates attorneys, in accordance with the provisions of the procedural laws.

    • The performance of acts of judicial communication in accordance with the requirements of procedural law.

    • The issue of electronic, integrated safeguards applications procedural, attesting to the successful completion of written submissions and annexes, copies of shipments and proper referral and receiving communication acts of procedural documents and, in any event, the date and time management effective realization.

    • The constancy of a seat for each of telematics referred to the letters a, b, c and d of this Annex transactions made through the system, identifying each transaction the following information: identity of the sender and recipient of each message, date and time of their effective realization provided by the system, and prosecution to which it refers, indicating type of procedure, number and year.

    BOE 58 of 02/27/1946

    Decree of February 8, 1946 on the new wording is approved Mortgage Law officer.

    Article 322

    "Notifications negative ratings Registry shall be notified to the person presenting the document and the authorizing Notary in accordance with the provisions of Art. 58 and 59 of Law 30/92 of 26.11 and for that purpose shall be valid notification practiced electronically if the party concerned has indicated in the presentation title and is reliable evidence".

    BOE 285 of 27/11/1992

    Law 30/1992 of 26 November, of Legal Regime of Public Administrations and Common Administrative Procedure.

    Article 45

    1. The government will promote the use and application of techniques and electronic, computer and telematic means, for the development of their activity and exercise of their powers, with the limitations on the use of these media under the Constitution and the laws.

    2. The documents issued, whatever its medium, electronic, computer or telematic means by general government, or they emit as copies of originals stored by means of, enjoy the validity and effectiveness of original document provided to assure their authenticity, integrity and conservation and, where appropriate, the receipt by the applicant as well as the fulfillment of the conditions and safeguards required by this or other laws.

    Article 59. Practice of notification

    1. Notifications shall be made by any means that acknowledges receipt by the applicant or his representative and the date, identity and content of the document notified. The accreditation notification shall enter the record.

    2. In proceedings instituted at his request, notification will be executed in the place that he has brought to this effect in the application. When this is not possible, in any suitable place for that purpose, and by any means as provided in paragraph 1 of this Article.

      When the notification is practiced in the home of the person concerned, not be present at the time of this service may be delivered by the same any person who is at home and establishes its identity.

      If anyone could take over the notification shall contain the circumstances on file, together with the time and date on which the notification was attempted, attempt to be repeated only once and in a different time within three days.

    BOE 302 18/12/2003

    LAW 58/2003 of 17 December, General Tax.

    Article 96

    Plays in the area of ​​taxation, art. 45 of Law 30 / 92.- The DA 17 authorizes the use of electronic, computer or telematic means for filing, processing and evaluation of administrative claims and to practice expressly notifications.

    BOE 150 of 06/23/2007

    LAW 11/2007 of 22 June, electronic access of citizens to public services.

    The notification system must allow proof of the date and time that the start layout object concerned have been notified, as well as access to its content, at which time means He practiced all legal purposes.

    If there is evidence of the provision and within ten calendar days without access to their content (except technical or material impossibility of doing so), it is understood that the notification has been rejected with the purposes provided in art. 59.4 of Law 30/92, ie it is considered admissible to a notification following the procedure.

    Article 1. Purpose of the Act.

    1. This law recognizes the right of citizens to interact with government electronically and regulates the basic aspects of the use of information technologies in administrative activity in relations between the government and in relations between citizens and the same in order to guarantee their rights, a common treatment to them and the validity and effectiveness of administrative activity in terms of legal certainty.

    2. The government will use the information technologies in accordance with the provisions of this Act, ensuring the availability, access, integrity, authenticity, confidentiality and data retention , information and services that manage in the exercise of its powers.

    Article 28. Practice of notification by electronic means.

    1. For the notification practice using electronic means shall require that the person concerned has indicated that medium as preferred or has consented to its use, subject to the provisions of Article 27.6. Both the indication of preference in the use of electronic means as aforesaid consent may be issued and collected, in any case, by electronic means.

    2. The reporting system will allow crediting the date and time that the provision of the act concerned being notified as well as access to its content, at which time the notice is deemed practiced all legal purposes.

    3. When, having recorded the provision ten calendar days elapse without accessing your content, it is understood that the notification has been rejected with the purposes specified in Article 59.4 of Law 30 / 1992 Legal System and Common Administrative Procedure and related regulations, unless the recipient's own initiative or at the technical impossibility or material will check access.

    4. During the processing of procedure the applicant may request the relevant body that successive notifications are not practiced by electronic means, using other means permitted by Article 59 of Law 30/1992 on the Legal Regime and Common Administrative Procedure, except in cases provided for in Article 27.6 of this Law.

    5. Produce own purposes of notification by appearance electronic access by stakeholders to the contents of the corresponding administrative proceedings, provided that the record of such access.